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Hedgerows - frequently asked questions

• Do I need permission to remove all or part of a hedgerow?
• What do we mean by 'removal'?
• How do I ask for permission to remove a hedgerow?
• What happens after the council have received the notice?
• How long does permission last?
• How long does a hedgerow retention notice last?
• What if I hear nothing from the council?
• What are the penalties if I remove a hedgerow without permission?
• Do I have to replace a hedgerow if I remove it without permission?
• Can I appeal against a decision?
• Is there any information I can download?

Do I need permission to remove all or part of a hedgerow?

You need permission if your hedgerow is on, or runs alongside:

• agricultural land
• common land, including town or village greens
• land used for forestry or the breeding or keeping of horses, ponies or donkeys
• a local nature reserve or Site of Special Scientific Interest

You do not need permission if your hedgerows:

• the hedgerow is shorter than 20 metres (unless both ends join up with other hedgerows or it is part of a longer hedgerow)
• is in, or borders, your garden

Gaps of 20 metres or less are counted as part of the hedgerow. A gap may be a break in the vegetation or it may be filled by, for example, a gate.

You also do not need permission to remove your hedgerows:

• to get access, either in place of an existing opening – provided that you plant a new stretch of hedgerow to fill the original entrance
• when another means of entry is not available, except at disproportionate cost
• to gain temporary entry to help in an emergency
• to comply with a statutory plant or forestry health order
• to comply with a statutory notice, for preventing interference with electric lines and apparatus
• in connection with statutory drainage or flood defence work
• to implement a planning permission (but in the case of permitted development rights, most hedgerow removal will require prior permission)
• for reasons of national defence
• for removal by the Highways Agency

Normal management of your hedgerow does not require permission.

What do we mean by 'removal'?

'Removal' covers any action that results in the hedgerow being destroyed. However, traditional forms of management such as coppicing, laying and removal of dead or diseased shrubs or trees are treated as normal management.

How do I ask for permission to remove a hedgerow?

You need to complete and return a hedgerow removal notice. There is no charge for this. See the planning forms, notes and validation checklists page to download the relevant documents.

What happens after the council have received the notice?

They visit the site to see if the hedgerow is 'important' – to do this they may enter your land.

To be 'important', the hedgerow must:

• be at least 30 years old
• meet at least one of the eight criteria that identify the hedgerow as having particular archaeological, historical, wildlife or landscape value

The council wil also need to consult the local parish council.

If the hedgerow is 'important': The council will decide if the circumstances justify removal of an important hedgerow. The strong presumption is that important hedgerows will be protected, and permission will therefore not be granted.

The council will write to say that removal of the hedgerow is prohibited. This is known as a hedgerow retention notice.

If the hedgerow is not 'important': The council cannot refuse you permission to remove the hedgerow and will write to say that the hedgerow can be removed.

This permission does not override any requirements to notify or obtain consent under other legislation, or any contractual obligations.

How long does permission last?

If you have been granted permission, this lasts two years from either the date of the authority's written permission or the ending of the six week period. What is this period?

The permission is for the work set out in your proposal, and no more. You must seek fresh permission for anything else.

How long does a hedgerow retention notice last?

A hedgerow retention notice is permanent. However, if circumstances change you may submit a fresh removal notice.

What if I hear nothing from the council?

If you have not heard from the council within six weeks from the date they received your hedgerow removal notice, you can remove the hedgerow. This is unless you have agreed a longer timescale.

What are the penalties if I remove a hedgerow without permission?

It is a criminal offence to deliberately remove a hedgerow without permission. If you are found guilty by a magistrate's court, you could face a fine of up to £5,000. If tried in the crown court, the fine is unlimited.

Do I have to replace a hedgerow if I remove it without permission?

The council may require you to plant another hedgerow, and they have legal powers to ensure this happens. The replacement hedgerow is automatically designated as 'important' for 30 years after it has been planted.

Can I appeal against a decision?

Yes. You can appeal to the Secretary of State in writing within 28 days of being given the authority's decision. The hedgerow retention notice you receive from the council will explain how you can do this.

Is there any information I can download?

You can download the guidance notes from the planning forms, notes and validation checklists page, or download guidance from the High Hedges section of the DCLG website

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